IR35 and Holiday

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DeadKenny replied

6 December 2006, 13:06
Which just happen to be in exotic locations
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Paddy replied

5 December 2006, 12:30
Originally posted by turbo

I need to take some time off - as a contractor I have no right to holiday allowance/holiday pay etc.

So does taking time off without getting these employee benefits help my IR35 status?

Thanks

turbo

Contractors do not take holidays. They go for overseas interviews, Team Building with your fellow directors, Company AGMs, etc etc.
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Denny replied

5 December 2006, 12:17
Originally posted by Gonzo

No it doesn't. Being inside IR35 means that you have the tax obligations of an employee and an employer, but does not mean that you get any of the benefits.

In other words the IR want their cake and eat it too.
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Gonzo replied

4 December 2006, 23:29
Originally posted by turbo

I need to take some time off - as a contractor I have no right to holiday allowance/holiday pay etc.

So does taking time off without getting these employee benefits help my IR35 status?

Thanks

turbo

No it doesn't. Being inside IR35 means that you have the tax obligations of an employee and an employer, but does not mean that you get any of the benefits.
Leave a comment:
turbo replied

4 December 2006, 22:55
Originally posted by DimPrawn

Yes. Simply take a holiday and IR35 no longer applies.

It's not like employees ever take unpaid leave is it?

Hmm, good point, I forgot about unpaid leave.

turbo
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Sockpuppet replied

4 December 2006, 22:31
Originally posted by super

Is it that simple then? Taking an unpaid holiday (or suspending service for representative's leave in contract terms) instantly and categorically puts it outside IR35?

You need lessons in spotting irony.
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super replied

4 December 2006, 22:16
Originally posted by DimPrawn

Yes. Simply take a holiday and IR35 no longer applies.

It's not like employees ever take unpaid leave is it?

Is it that simple then? Taking an unpaid holiday (or suspending service for representative's leave in contract terms) instantly and categorically puts it outside IR35?

Not questioning you -- genuinely interested.
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DimPrawn replied

4 December 2006, 18:08
Yes. Simply take a holiday and IR35 no longer applies.

It's not like employees ever take unpaid leave is it?
Leave a comment:
turbo started a topic IR35 and Holiday

4 December 2006, 17:42
IR35 and Holiday

I need to take some time off - as a contractor I have no right to holiday allowance/holiday pay etc.

So does taking time off without getting these employee benefits help my IR35 status?

Thanks

turbo
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